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Special Edition Law Building Project
- Major Leadership Gifts Announced - Naming Opportunities Outlined - Floor Plans Revealed FA LL 2014
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From The Dean
Kathryn R.L. Rand
Greetings from UND School of Law, where we are temporarily located in multiple buildings across the University of North Dakota campus, and eagerly awaiting the completion of our historic building project! This is a time of transition for the School of Law. It’s incredibly exciting—we can’t wait to see the new addition go up! And it’s also stressful for our students, faculty, and staff, all of whom are enduring the hardships of relocation—faculty and staff offices are in five different buildings, and classes are being held in seven different locations. And yet, when I ask people, “How are you doing— are you getting along in our temporary space?” without exception I hear, “I’m getting along because the building project is worth it—we need it for the future of the law school.” Every single student and every single employee is lending a hand to ensure the success of the law school’s building project. That’s teamwork. That’s pulling together. That’s community. And it’s in that same spirit of community that we ask you, our alumni and friends, to lend us a hand, too. You’ve already shown your support in so many ways we hesitate to call on you again. But we need your help. With rapidly increasing construction costs in the state, we need private donations to help us
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complete the full scope of our building project, including classrooms, student study and work space, and student services space. As you already know, the full scope of the building project is critical to our status as an accredited law school, critical to the quality of our educational program, and critical to the future of the School of Law and North Dakota’s legal profession. The students educated in the new and improved law school building will be the next generation of judges, law firm partners, rural lawyers, and community leaders. I hope you’ll join me, and many others, in making a donation to the UND School of Law Building Fund to help us reach our $2.5 million target and complete this historic and transformative building project. We will have once-in-a-lifetime naming opportunities for those of you with the means to make major gifts—a chance to make a unique impact. But we know all of you have the heart if not the means, and we are truly grateful for your support in whatever amount or form. On behalf of our faculty and staff, on behalf of our current students and future graduates, and on behalf of the generations of attorneys who will follow in your footsteps, thank you for your commitment to North Dakota’s law school!
Contents 4 Major Lead Gifts
Departments Opening Statement
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On the Scene
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Alumni Notes
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Shaping the Future of UND Law
10 Naming Opportunities
law.UND.edu
Be a Part of the Law School Building
14 Floor Plans First Opportunity to See Each Level School of Law Administration Kathryn R.L. Rand Dean Bradley Myers Associate Dean Bradley Parrish Assistant Dean
22 Tribal Justice Dean DePountis Serving Standing Rock
Editor, Rob Carolin Director of Alumni & Public Relations Cover Photo: Construction site at the UND Schoo of Law - photo by Rob Carolin Photo Right: Law School Dean Kathryn Rand along with faculty, students and staff made a donation and accepted the ALS Ice Bucket Challenge from the UND Medical School. photo by Cheri Tretter
Vol. 7, Issue 2, October 2014
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Lead Gifts Shape Future of UND Law
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Alumni and Friends Lead the Way With Major Gifts to the Building Project
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A Solid Foundation To Begin The UND School of Law building project is well under way thanks to the funding provided by the State Legislature, but the school is at a historic crossroads. To timely and cost-effectively complete all of the student-centered priorities of the law school building project, in both the addition and the renovation, the School of Law needs the immediate financial support of its alumni and friends to reach $2.5 million in private giving toward the building project. Knowing this, several alumni and friends stepped to the front of the line with lead gifts that already account for nearly half of the ultimate goal of an additional $2.5 million. We are so grateful to C. Francis Swanke, Jack Marcil, Dave and Mary Maring, the Serkland Law Firm, Melissa Burkland and her husband Dr. Grant Syverson, Judge Myron Bright and several of his former clerks, including Michael Schaffer and Rebecca Thiem, for leading the way on this important capital campaign. With your help, we can continue to grow our program of legal education by completing the full building addition and renovation project. On the pages following you will be given a “first look” into the excitement all of us at the School of Law are experiencing with the building project. You will meet our alumni and friends named above who stepped forward with lead gifts and find out why they felt the need to give back. You will be introduced to the many naming opportunities available to you with your generous gift, and you can see where those rooms will be as we are excited to unveil the floor plan for each level of your new and renovated School of Law. The floor plans will give you the full picture of the great things planned to enhance the student experience and educational program at UND Law. The UND Foundation has provided important information on the benefits of joining us and “putting your name” in the school. Not only will your gift have a major impact on the future of UND Law, but you can also receive personal benefits through tax advantages and long-term plans in meeting your philanthropic goal. Finally, we give you a glimpse of the project through a special construction edition of “On the Scene.” The construction portion of the new addition is moving along quickly, so you can follow along with the activity at law.und.edu/ build. The University of North Dakota School of Law’s legacy to North Dakota is one of leadership and service guided by the highest standards of professionalism. Since 1899, the UND School of Law has been instrumental in supporting and defining North Dakota spirit, upholding the values rooted in this great state. This is your School of Law and we are excited to share with you the great things happening here on this historic occasion of building for the future. As you look through the next 16 pages, please don’t hesitate to contact us if you have any questions or wish to become involved.
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C. Francis Swanke Class of 1940 Providing support to renovate the School of Law and enhancing the academic environment for our students is something very familiar to 1940 UND Law alumnus C. Francis Swanke. The Swanke Family Classroom was completed in 2010, the 70th anniversary of C. Francis’ graduation from law school. Thanks to his generosity at that time, the law school was able to double the number of state-of-the-art classrooms available to students. Swanke has again given generously, this time providing the single largest non-testamentary gift ever given to the UND School of Law. This record-setting gift will be made through the transfer of appreciated assets to the UND Foundation for the benefit of the building project. The space within the building to be named in honor of him and his family has yet to be determined, but Swanke cares most about the students’ educational environment. As he recently told Dean Rand, “I’m fond of the Dean, of course, but this gift is because I love the law school.” Swanke was moved to support his School of Law by a plaque he saw on a tour of the law school in the Molbert room that said, “The door to this law school opens the door to many opportunities.” His transformative gift will again open the door to opportunity for future generations of students who will reap the benefit of a new addition and renovated law school.
Jack Marcil Class of 1968 Jack G. Marcil Deliberation Room “I give because it helps make a difference for the future of our profession, and our law school is where it starts,” explained Jack Marcil on his continued and generous support of his law school. Jack was the first person to step forward when he heard of the need for support for the new building by making a sixfigure gift to the building project. His gift will be used to support the Jack G. Marcil Deliberation Room, adjacent to the new teaching courtroom and Central Commons area in the addition. “Giving back is important,” he said. “When I see how good others feel when they receive a gift from me, it makes me feel good.” Passion and caring are two words that describe Marcil in his profession as well as in his philanthropic efforts. The Marcil Deliberation Room reflects Jack’s commitment to trial practice and alternative dispute resolution over his 45 years of practice, and contributes to law students’ trial skills training. The bottom line for Marcil is he feels this gift will make an impact on the legal profession, our state and its people. “I hope my legacy is that I cared deeply about my profession and its future,” said Marcil.
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David S. and Mary Muehlen Maring Class of 1974 and 1975 David S. and the Honorable Mary Muehlen Maring Moot Court Office Throughout their careers, both Dave and Mary Maring have served as leaders in the legal profession in North Dakota. Today, they are leading the way for other UND Law alumni by providing a major gift, pledged over three years, to the UND School of Law building project. Their gift will create the David S. and the Honorable Mary Muehlen Maring Moot Court Office, on the second floor of the renovated law library. “Mary and I have devoted our legal careers to litigation, both at the trial court level and appellate level. Thus, we are pleased to be able to support the Law School expansion project and, especially, to be able to support Moot Court,” said Dave. “An important role for the UND School of Law is to continue to train law students, through Moot Court and Trial Advocacy programs, to become highly qualified civil and criminal litigators. The expansion and remodeling project will greatly assist the Law School in fulfilling that role.” The Maring Moot Court Office connects the Marings’ dedication to ethical and effective advocacy with the practical experience students gain through the Moot Court program. “I cannot think of anything I would have rather chosen as my life’s work than being a lawyer,” said Mary. “I am grateful for the opportunity to support the law school that provided the outstanding education necessary for my career in the law.”
The Serkland Law Firm Fargo, North Dakota
The Serkland Law Firm began providing legal services to the citizens of North Dakota in 1888. Eleven years later, in 1899, the UND School of Law began its mission to prepare future generations of lawyers. Though more than 115 years have passed since the UND School of Law opened its doors, the need for quality legal education remains. Serkland understands the importance of providing critical support for the state’s only law school, providing a major direct gift combined with an additional pledge for future years. The space within the new building, which will be named after the firm, has yet to be determined. The Serkland Law Firm’s gift reflects the firm’s long history in North Dakota and its commitment to the continuing improvement of the legal profession in the state. According to Firm President, Jane Dynes, “Our decision to donate arose from a collective sense of appreciation for what UND School of Law made possible for us as individuals and its importance to the legal profession in North Dakota.” For the Serkland Firm, it is all about people. Its twelve attorneys meet the needs of their clients through personal service and individual attention. Serkland’s gift will create educational spaces to help the UND School of Law maintain its personal approach in the education of its students.
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Melissa Burkland and Dr. Grant Syverson Class of 2005 and UND Medicine 2005 Melissa H. Burkland and Dr. Grant D. Syverson Student Life Conference Room Class of 2005 graduate Melissa Burkland and her husband Dr. Grant Syverson, a 2005 UND Medicine graduate, had an interest in enhancing the student experience at the School of Law. Their gift, pledged over three years, will help improve the educational experience for the students who follow in their footsteps at UND. Their naming opportunity will be the Melissa H. Burkland and Dr. Grant D. Syverson Student Life Conference Room. Adjacent to the Student Life suite and the student organizations office, the Burkland & Syverson Student Life Conference Room will be used by prospective students and their families, employers conducting on-campus interviews, and student organizations. “The University of North Dakota provided us with exceptional educations and we are excited to express our gratitude to an institution that shaped us both professionally and personally,” said Burkland. “We are thrilled about UND School of Law’s expansion and renovation and are happy to support future lawyers in North Dakota.”
Kathryn R.L. Rand Dean, UND School of Law Albert G. and Minna Rand Reception Area Dean Kathryn Rand has been out in front of alumni in an effort to garner support for the completion of the building project, but she is also making her own major gift to the law school. Her gift, a transfer of appreciated investments over the next three years, will honor her grandparents by creating the Albert G. and Minna Rand Reception Area, in the renovated main administrative suite. Rand’s grandfather, Al Rand, was a 1921 graduate of the UND School of Law and served as the City Clerk for East Grand Forks for more than 40 years. “I have very strong family ties to UND and the School of Law, and it is those ties that inspired me to return home for my academic career and to make this gift in memory of my grandparents,” said Rand. “I am so proud to serve as dean of North Dakota’s only law school, and that pride motivates me to encourage others to join me in building our school.”
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Myron Bright and His Law Clerks Myron and Fritzie Bright Reading Room The former clerks of Eighth Circuit Court of Appeals Judge Myron Bright came together to honor the career of the now longest serving active federal court of appeals judge in the country with a special collection of gifts to benefit the UND School of Law. A group gift made by Judge Bright’s former law clerks, with substantial contributions from Michael J. Schaffer, Rebecca Thiem, Aubrey Fiebelkorn Zuger and 50 other former clerks, combined with a gift from Judge Bright himself, have been designated to name the Judge Myron and Fritzie Bright Reading Room, in the renovated law library. The Bright Reading Room will house the Judge’s donated memorabilia from his nearly five decades on the bench, and will serve as an inspiring space for students. “A remarkable lawyer with a remarkable career,” Dean Kathryn Rand described the Judge. “Judge Bright’s decisions have been informed by his genuine compassion for people. He is a judge who cares, and cares a great deal, and we are proud to have his legacy and his wife honored in the renovated law library.”
Photos: Just a few samples of the priceless memorabilia generously donated to the UND School of Law by Judge Bright. These items, among others, will be on display in the Bright Reading Room to serve as inspiration for future generations of UND Law students.
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Spotlight
On the School of Law
Building Project Provides Unique Naming Opportunities You Can Be a Part of the School of Law Building! The School of Law’s building project includes a major addition to and extensive renovation of the existing building in the heart of the UND campus—the law school’s home since the 1920s. As only the second addition to the law school building in 90 years, the current construction project is a once-in-a-lifetime opportunity to make a unique impact on the School of Law by putting your name in our future space. Naming opportunities start at $25,000 (including faculty offices and student study rooms), and move up as the size and visibility of the space increase. Premier naming opportunities include the new Central Commons entrance foyer, a large gathering space near the planned addition’s impressive University Avenue entrance, and the renovated first floor of the law library, which will be completely transformed into a Study Commons area with state-of-theart information technology. Spaces throughout the addition and renovated law school are available for naming gifts— classrooms, student study and work areas, student services and faculty offices, and collaborative and study commons. Naming gifts may include pledges, completed over the course of up to five years.
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“Financial support from alumni and friends is critical to ensuring the future success of the School of Law.� Dean Kathryn Rand
Premier Naming Opportunities in the New Addition and Newly Renovated Law School In the Addition (2 options) New Teaching Courtroom New Central Commons $400,000 to $650,000
Newly Renovated Areas (4 options)
Library Central Study Commons Ceremonial Courtroom Student Life Suite Main Administrative Suite $350,000 to $750,000
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Additional Naming Opportunities in the New Addition and Newly Renovated Law School Classrooms (4 options)
New “Case Study” Classroom Renovated Adaptable Classroom New Seminar Room New Deliberation Room $125,000 to $400,000
Student Services and Faculty Areas (25 options)
New and Renovated Faculty Offices New Faculty Office Suite Administrative Offices Conference Rooms Reception Areas $25,000 to $200,000
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Student Work and Study Areas (18 options) New Collaborative Commons Renovated Clinical Legal Education Suite New and Renovated Study Rooms Moot Court Office Law Review & Student Journals Office Student Bar Association Office Student Organizations Office Library Study Commons $25,000 to $350,000
If you are interested in exploring the possibility of having your name be
a part of the School of Law’s future, please contact: Kathryn Rand
Mark Brickson
Dean
Director of Development
rand@law.und.edu
markb@undfoundation.org
701.777.2104
701.777.5512
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Law School Floor Plans The Basement Level The basement level features a newly expanded and redesigned Clinical Education Program space as well as the addition of a new adaptable classroom that will allow several different teaching approaches. The classroom is created with the combination of two former office space areas. In the library, the heart of the collection will be shelved on the basement level, and student study rooms will be renovated and updated.
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The Entry Level The highlight on this level is a new “front entrance� that faces University Avenue. As you enter the building, you will be in a new commons area with the Marcil Deliberation Room and a new teaching courtroom just around the corner. The entry level provides a large gathering place for the law school community.
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Law School Floor Plans The First Level This floor will continue to house the administration offices, but the remodel features an expansion of the student services space, including an office for student organizations. It will also feature a newly remodeled student study commons in the library as well as new study and meeting rooms. The library’s study commons will focus on information services.
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The Second Level The addition will include new space for the Student Bar Association, student journals, including the North Dakota Law Review, and the Maring Moot Court Office. Several small group seminar study and meeting rooms and another commons area for student use are all new features on this level. You will also notice, this floor, like every other level in the old library space, now has bathrooms.
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Law School Floor Plans The Third Level The top floor in the new addition features an exciting and much-needed classroom space. The highlight is the case study classroom, specially designed for legal education. There is also a large seminar room that will be used for classes and mediation sessions. This floor houses shelving for the remaining collection of books and still features the beautiful ceremonial courtroom. New faculty offices will provide enough office space for all full-time faculty as well as adjuncts.
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Make an Impact
Benefits to
Giving
Over the last 15 pages you have been introduced to alumni and friends who have provided lead gifts to support the building project, and you have seen the naming opportunities and floor plans for the new building. We want you to join us in the capital campaign to be a part of this historic time at UND Law and to put your name in the School of Law building. There are many ways to give back to the School of Law that will not only benefit you on a personal/ philanthropic level but can have financial benefits as well. Your gift may qualify for tax benefits, charitable deductions or the avoidance of capital gains tax. Options are available for establishing an income source for your lifetime or for transferring assets to loved ones as well as your school. Planned gifts such as a gift annuity or charitable trust provide tax advantages and allow you to create an income stream for your future. Other appreciated assets such as stocks or real estate make great sources for giving. If it is easier to spread your gift out over a number of years, setting up a pledge may be just what you are looking for. The establishment of a named endowment allows you to support an area of the school in perpetuity. The UND School of Law has established a Building Fund through the UND Foundation to support our important project. UND Foundation Development Director for the Law School Mark Brickson would enjoy the opportunity to discuss with you how a charitable gift to benefit the law school might work best for you. Contact Mark: Email - markb@undfoundation.org Call 1.800.543.8764
You can also make your gift to the law school online at law.und.edu/alumni/ Click on the “Make a Gift� button on the left. Thank you for your support!
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1 Construction Engineers heads up the addition and renovation project. 2 Moving Day came in early June as the entire law school and law library were vacated.
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3. Dean Rand and Paul LeBel, co-chairs of the building project committee were invited to take the first sledgehammer swing to launch the demolition.
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4 Looking down the conveyer belt as footings are poured for the new building addition.
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5 Most recently the crew created the foundation walls at the base of the addition. 9 The deconstruction phase has taken place inside the building as well in preparation for the renovation portion of the project. The photo here shows what was formerly the men’s and women’s bathrooms on the second floor. 10 Pouring cement for base footings at the lowest point for the new addition.
3 11 From the beginning of the project, moving dirt to and from the site has been a common theme, so the site has seen a variety of heavy machinery.
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Construction Edition
for more photos see law.UND.edu/build
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6 As the foundation is poured around the new elevator shaft, the excavation of the addition’s site begins. 7 A view of the north facing wall of the library. The first phase of the deconstruction was to remove the stairway, brick and windows. 8 Construction Engineers located a semitrailer on site to show the project slogan.
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Mr. Manhattan
On The Prairie
Call him Mr. Manhattan on the Prairie. Meet Dean DePountis, a New York born and raised UND Law School alumnus who is working for the Standing Rock Sioux Tribe. DePountis, was teamed up for a couple of years with two other UND Law alumni, Chris Lindblad and Chris Rausch, as a trio of UND educated attorneys serving the Standing Rock reservation. Both Lindblad and Rausch have since moved on so now he is the tribe’s sole in-house counsel. It’s a challenging position, covering an area about the size of Connecticut. Standing Rock is the country’s fifth largest reservation. For DePountis, the road to the law spanned nine years as a Navy nuclear technician aboard the USS Carl Vinson, a nuclear-powered aircraft carrier. “When I got out of the Navy, I joined General Electric’s nuclear power program in Japan for a year then went to work for the Hartford Steam Boiler Inspection and Insurance Company as a risk consultant for 13 years.”
“Somewhere half way through law school I fell in love with North Dakota...”
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Somewhere along the line, DePountis, a Manhattan native, thought about adding another fulfilling dimension to his professional career. “I wanted a new experience,” DePountis said. “I had lived on both coasts, but never in the Midwest, so I focused on Midwest law schools where I could get a good education at a good value.” And thus he wound up in the first year class at UND Law in 2008. “The technicalities of law are not based in engineering, but the law can be precise and technically demanding like engineering,” DePountis said. “Yet we are not machines. We are human beings whose behaviors are affected by many variables, so the solutions to our problems will not always be strictly formulaic. It comes
down to finding the right balance of script vs. improvisation. That is the challenge.”
Photo from left: Chris Lindblad, Chris Rausch, Tribal Chairman Dave Archambault II and Dean DePountis. All three graduates of UND School of Law were working together until recently for the Standing Rock Sioux Tribe.
“Law is basically about engineering civility,” DePountis said. “As attorneys, we mostly spend our time figuring out how we’re all going to get along with each other in a way that works most of the time for most of the people.”
was so much sky. He asked, ‘how is it out there,’ and I said, ‘it’s another planet, man!’ I didn’t know how else to describe it. This is another world.”
commitment to the tribe during a career cut short by cancer. He passed away six months after he accepted the job with the tribe as in-house attorney.
DePountis liked the feeling of wide open space.
DePountis says the tribal legal team he’s a member of spends a good chunk of its time figuring out jurisdictional issues.
“My initial plan was to come out here, get the experience, get the education and either go back to New York or head out west,” he said. “Somewhere half way through law school I fell in love with North Dakota, and the people. I met my fiancée in law school. She’s from South Dakota. She now works for the North Dakota Attorney General’s office.”
DePountis, working solo right now, has his legal hands full most of the time. Among his major duties: advising the council on how things are supposed to work.
“Jurisdiction is one of the most fascinating areas in Indian law,” he said. “It’s basically who gets to do what to whom, who gets to decide— that’s what jurisdiction is all about.” In Indian Country, DePountis said, there is a push to respecting the sovereignty of Indian nation. “So that entails establishing the jurisdiction, that is, in what areas of law does the tribe get to decide and what areas of law does the state or the federal government get to decide. Sometimes it’s a big gray mess.” He clearly remembers what ultimately drew him to North Dakota. “I was sitting at a Starbucks near the Target in Grand Forks during a visit, trying to decide if I could live there. I called my brother, and I was looking around and noticed there
When the job with the Standing Rock Sioux Tribe came up, DePountis jumped at the chance. “I’ve been here almost three years as a staff attorney for the tribe,” DePountis said. “Our team represents the tribe as an entity, not individual tribal members. We are for the Tribe what the attorney general’s office is for the state.” A major inspiration behind the legal careers of Lindblad, Rausch and DePountis was Brent Kary, a classmate at UND Law who went to work for the tribe right out of law school. Kary talked about his
“Our legal counsel is a valuable resource to us,” said Dave Archambault II, chair since last October of the Standing Rock Sioux Tribe. “We turn to counsel whenever there is a concern about tribal sovereignty, and for legal advice as far as any action we may want to pursue. We rely on our counsel a lot for developing our tribal codes. We use counsel quite a bit, mostly to make sure that we stay out of court.” Archambault says the point of a the tribe’s legal team isn’t to break new ground. “We’re not trying to enhance anything, what we’re trying to do is protect what we already have,” Archambault said. “We are real thankful for these three individuals for their knowledge.” by: Juan Pedraza, University & Public Affairs
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Inspired By The Law Federal Judge Rosanna Peterson The inspiration to the law comes from many places. Rosanna Peterson, Chief Judge of the United States District Court Eastern District of Washington, saw her calling in high school while participating as a member of the debate team. “It was the 1960s, we had such great cases to discuss, such as Miranda v. Arizona, about the right to remain silent and the right to counsel,” said Peterson. “It was my introduction to the power of the law.” Something else she learned about the law along the way to her J.D. “You don’t have to major in political science,” said Peterson, who hears cases in both criminal and civil law and also spends a good deal of her time handling the administrative duties that come with being chief judge. “That deterred me.” Then came marriage—and that’s how she came to North Dakota. “My husband accepted a faculty position at the University of North Dakota in the Center for Teaching and Learning,” said Peterson, who at the time still nurtured her wish to go to law school. “First, I received a master’s in English from UND, and then I went to UND Law,” said Peterson, who served as Law Review editor. “I got wonderful externships. I had the good fortune to get an externship with [District] Judge [Bruce] Bohlman. Even now, decades later, I stay in touch with the people from whom I gained a lot of judicial wisdom, like Judge Bohlman.” “That was really a great legal education,” said Peterson a 1991 graduate who remembers working with former Dean Jeremy Davis when she was going through law school.
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“I take the law - the way it taught me to think - into all aspects of my life.” Peterson has ridden the wave from the days when there were far fewer women in law and even fewer on the bench. “Before the early 1970s, women were not as visible as attorneys and judges in the law,” said Peterson. “Today there are many more women in the law.” Though she’s an attorney and a judge, Peterson said a legal education is valuable and beneficial in many ways and for many careers. “For one, a legal education helps you learn to think like a lawyer, which is a huge advantage,” she said. “I take the law—the way it taught me to think—into all aspects of my life. I even applied it as a parent, and I’m very pleased with the outcome. My son is an attorney, with a J.D. and LL.M., who has been working in Japan, and my daughter has a Ph.D. and is a molecular biologist.” Of course, what matters most to Peterson today is how the legal education she received at UND Law helps her do her job. “I deal with criminal cases, many of them involving drug crimes and cartels, firearms violations, white collar fraud, and undocumented persons,” said Peterson, whose judgeship has her hearing cases in Spokane, WA, where she is based, and two other cities in Washington. “My civil case load covers a range of constitutional law issues and challenges and lawsuits against the federal government. I also hear first amendment cases, contract disputes, antitrust cases, and cases involving intellectual property. We have jurisdiction in diverse cases over a wide range of issues.” The law is the law, and reputedly changes slowly. But, Peterson says, the electronic age has impacted the law in big and paradigm-shifting ways. “Technology has altered everything including how we practice as attorneys,” Peterson said. “A big impact on all of us is in the process of discovery—where each side gathers all the evidence and investigative material that
parties must exchange in a case—because that’s mostly done electronically now. Because everyone uses email, computer hard drives now contain tons of discovery material. It’s called e-discovery. It’s a huge, expensive enterprise. It’s something I think about every time I write an email.” Peterson also noted that today’s wire taps trigger huge amounts of electronic discovery. “I sure didn’t hear about that when I was going to law school,” Peterson said. “Today the judiciary is struggling to get a handle on the volume of information.” Peterson also has been a teacher—she was on the faculty of Gonzaga Law School, where she was also director of the school’s externship program. “Gonzaga Law Dean Earl Martin was insistent that we needed to train lawyers who actually knew something about practicing law—we focused on practice-based education, experience-based learning,” Peterson said. “I see this as a growing trend in legal education. That definitely needs to be the way we educate lawyers: core courses that teach the basic precepts, including legal thinking, and a lot of work in the field, where you learn how those pieces fit together.” Peterson says a key factor to success is focusing on what’s possible. “I would encourage everyone not to self-limit,” she said. “I was told when I moved to Spokane when my husband accepted a job there that I shouldn’t apply for a federal clerkship—you had to know someone and be known. I applied anyway, even though we knew absolutely no one in Spokane. I ended up working with the judge whom I ended up replacing on the bench.” “The fact is you don’t want to accept that any avenue is closed to you,” Peterson said. by Juan Pedraza, University and Public Affairs
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ALUMNI NOTES KEEP US POSTED Keep us posted on happenings in your life. Maybe it is a new job, promotion, award or other event. Send us your news by going to the web at:
ow.ly/u4CX6 and fill out our on-line form. If you have any questions or would like to have your photo included you can email a high resolution copy to
alumni@law.und.edu
1960s Class of 1966 Thirteen members of the University of North Dakota Law School class of 1966, their spouses and guests gathered in Coronado, CA, in mid March for a reunion. It was the 13th reunion of the class others having been held over the years in Phoenix, AZ (twice); San Diego, CA; Molokai, HI; Scottsdale AZ; Coronado, CA (twice); Clearwater, FL; Tucson, AZ; Mesa, AZ; Naples FL, and Medora, ND. Organized activities included a kick- off social, tour of the USS Midway museum, another social at Fred and Connie Gerszewski’s home, a round table discussion and a farewell dinner/business meeting.
1970s Jon Brosseau, 1970 will have his song, an instrumental piano number “If I Could Be With You,” used in the new Ken Burns Prairie Public Broadcasting (PBS) documentary, “The Roosevelts: An Intimate History.” Brosseau is a retired attorney and accomplished pianist from Drayton, N.D. Jay Buringrud, 1972 retired as director of legal services for the North Dakota Legislative Council July 31, 2014, after 42 years of service. His career included positions as counsel, code revisor, and assistant director of the professional staff of the North Dakota Legislative Assembly. He and his wife, Linda, live in Bismarck, N.D. Paul Godlewski, 1973 was recertified as a MSBA Board Certified Civil Trial Law Specialist. This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. Godlewski is an attorney at Schwebel Goetz & Sieben PA. James S. Hill, 1974 has been appointed by Governor Jack Dalrymple to fill the South Central Judicial District judgeship vacancy created by the retirement of Judge Donald L. Jorgensen. He also has been named by American Bar Association President-elect, William C. Hubbard, as the Chair of the ABA Commission on Interest on Lawyer Trust Accounts for a one year term commencing with the adjournment of the 2014 Annual Meeting. Ronald H. McLean, 1975 received the Distinguished Service Award, the North Dakota Bar Association’s highest honor, for his life-long service to the bench, bar and citizens of North Dakota. He is a shareholder at Serkland Law Firm in Fargo, N.D.
Photo from left: Fred Gerszewski, Richard Forest, John Sherman, Robert Wheeler, Lawrence LeClerc, Wayne Solberg, Mike Ward, Richard Wall, John Dahl, Tim Keating and Chuck Orvik. Also attending but not pictured: Tom Moga and Sid Overton.
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Mary Muehlen Maring, 1975 was named a winner of the Richard S. Arnold Award for Distinguished Service on Aug. 7 by the Eighth Circuit Bar Association. The award is named in honor of Judge Arnold, a former Chief Judge of the Eighth Circuit. Maring currently serves as a surrogate judge for the North Dakota Supreme Court.
Richard Clapp, 1976 was recertified as a MSBA Board Certified Civil Trial Law Specialist. This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. Clapp is an attorney at Pearson Christensen & Clapp PLLP.
1980s Mark S. Sivertson, 1983 was reappointed on June 1, 2014 by South Dakota Governor Dennis Daugaard to the Governor’s Task Force on Trust Administration Review and Reform pursuant to Executive Order 97-10, Executive Order 2011-14. Laura Wetsch, 1985 recently published through Lexis/Nexis and the North Carolina Advocates for Justice the book: Practitioner’s Guide to North Carolina Employment Law. She has also been recognized by her peers in the legal community as a North Carolina SuperLawyer from 2012 – 2014, and this year she was also identified as one of the top 50 Women Lawyers in North Carolina by SuperLawyer. Wetsch’s law firm WinslowWetsch, PLLC is in Raleigh, North Carolina.
1990s Paul Loraas, 1994 was recertified as a MSBA Board Certified Real Property Law Specialist. This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. Loraas is an attorney at Fryberger Buchanan Smith & Frederick, P.A. Eric P. Schieferdecker, 1994 was appointed by Minnesota Governor Mark Dayton as District Court Judge in Minnesota’s Ninth Judicial District replacing the Honorable Donald J. Aandal. The judgeship will be chambered at Warren in Marshall County. Lisa Borgen, 1996 accepted the position of Vice President of Administration for American Crystal Sugar. In her position, she will oversee human resources, public relations and information technology. Borgen comes to Crystal Sugar from the Vogel Law Firm, and prior to Vogel, she served seven years as district judge for the Seventh Judicial District of Minnesota.
Karen Klein Class of 1977 The Honorable Karen K. Klein, Chief Magistrate Judge for the District of North Dakota, recently received the Federal Magistrate Judges Association (FMJA) Founders Award. The award is the most prestigious honor that the FMJA bestows, and is presented to a person who has made valuable and lasting contributions to the Magistrate Judges system of the United States courts. The official resolution recognized Judge Klein’s contributions to the Judicial Conference Committee on the Administration of the Magistrate Judges System, the Information and Technology Committee and the Board of the Federal Judicial Center. In addition, it stated that Judge Klein has been a tireless educator for more than 20 years and was an integral part of training for newlyappointed Magistrate Judges at Phase I and Phase II Orientation Programs, has served as the “face” of the Federal Magistrate Judges Association to hundreds of new judges, and successfully maintained the strength of the Federal Magistrate Judges Association by gently encouraging all new Magistrate Judges to join the Association. Judge Klein has shaped the course of Magistrate Judge utilization through her service on the Administrative Office Magistrate Judge Advisory Group, and in her roles as board member, officer and President of the Federal Magistrate Judges Association. Klein recently announced that she plans to retire after 30 years on the federal bench in North Dakota. Her primary duties as federal magistrate judge involve civil case management, mediation, civil trials and preliminary criminal proceedings.
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ALUMNI NOTES Joseph W. Riccio, 2007 was selected as one of the Top Ten Attorneys in the Nation under 40 years of age by the National Academy of Family Law Attorneys. He practices Family Law for Dempsey Roberts and Smith out of Henderson, Nevada.
Mike Tschider, 1999 joined American Trust Center as Vice President, specializing in ERISA fiduciary and tax compliance issues for American Trust Center and its retirement plan clients. He lives in Bismarck, N.D. with his wife Amy and two daughters, Madison and Reagan.
2000s Michael J. Hoefs, 2001 is Senior Counsel at Jaffe & Asher LLP in New York City. He specializes in litigation and judgment enforcement in New York and New Jersey, and also has experience in complex counterclaim cases and national placement management. Hoefs currently leads the New York and New Jersey collection litigation department. Joseph A. Wetch, 2001 was elected as the State Bar Association of North Dakota’s President-Elect. He will assume the duties of President in 2015. He is with Serkland Law Firm in Fargo, and his areas of concentration are general litigation, school law, commercial litigation, municipal law, medical malpractice defense and insurance law. Stephannie N. Stiel, 2003 is an attorney at Conmy Feste Ltd. in Fargo, N.D. She focuses in the areas of commercial and general civil litigation, including the areas of personal injury, employment and estate litigation and also offers clients counseling on employment matters, including the drafting of employee handbooks. Bonnie Storbakken, 2004 accepted the position of legal counsel to North Dakota Governor Jack Dalrymple on Sept. 2, 2014. Storbakken previously served as commissioner of the Department of Labor and Human Rights, a job she held since May 2013. Stacy Louser, 2007 was invested as North Central Judicial District Judge on July 18, 2014 at the Ward County Courthouse in Minot, N.D. Governor Jack Dalrymple appointed Louser to fill the judgeship vacancy created by the retirement of Judge William McLees.
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2010s Levi Andrist, 2010 received the Outstanding Chair Award at the annual meeting of the State Bar Association of North Dakota (SBAND.) He was recognized for his extraordinary work on SBAND’s pro bono task force. Brent Haase, 2012 joined Enclave Companies in Fargo, N.D. as an attorney in June 2014. Brittney Blake, 2013 was hired as an Assistant State’s Attorney in the Grand Forks County State’s Attorney’s Office in June 2014. William J. Behrmann, 2013 is an associate attorney with Nilles Law Firm in Fargo, N.D. His practice is in the firm’s civil litigation, insurance departments, and criminal litigation. Laney Herauf, 2014 was hired by the Greater North Dakota Chamber as the government and regulatory affairs specialist. She joined the six person team dedicated to promoting the civic, commercial, and industrial progress of North Dakota through advocacy efforts for businesses in the state. She will specialize in government affairs, law, and business policy research. Jared Wall, 2014 began working a one-year clerkship on August 1, 2014 with the South Central Judicial District. Ben Sand, 2014 was hired as Judicial Law Clerk at United States District Court in Bismarck, N.D. He will be working with The Honorable Daniel L. Hovland.
Michael Lopez, Class of 2011 One of Two Attorneys Selected Nationwide for Prestigous Pegasus Scholarship Michael Lopez is on a legal trip which few other attorneys get to make. This trip already took the UND Law alumnus from California to London as one of only two attorneys selected nationwide by the American Inns of Court to study for six weeks with a Pegasus Scholarship. The scholarship is from the Pegasus Scholarship Trust, which provides funding for six weeks of study, trips to Scotland and Northern Ireland. “It’s very competitive,” said Lopez, who heads to the Supreme Court next month with his colleague on this year’s Pegasus Scholarship. “We’ve been invited to be honored for the scholarship at the annual Celebration of Excellence at the U.S. Supreme Court in October, at a ceremony presided over by Justice Ruth Bader Ginsburg,” said Lopez, who also holds a Master’s Degree in literature from UND. A key lesson in his learning experience in the United Kingdom is the understanding of global legal institutions. “I already knew that was important,” said Lopez. “It was also an education in the legal system that was the historical forerunner to our own.” Lopez sees international law as the wave of the future— and the elite Pegasus Scholarship he won this year opened a much broader view on that area of the law. The scholarship came through the American Inns of Court, which, according to the organizations about us statement on its web site, fosters “excellence in professionalism, ethics, civility, and legal skills.” In the UK, like in the U.S., the Inns of Court are voluntary societies, unchartered and unincorporated, with a history dating back to the Middle Ages. “As the world becomes small, the need becomes greater for lawyers to become more internationally minded,” states the Right Honorable The Lord Goff of Chieveley, First Chairman
of the Pegasus Trust in his introduction to the purpose of the trust. “Understanding the practice of law in a wide range of other countries and the forging of links between the lawyers of the future around the world is becoming more and more important. Pegasus scholarships were established to address this need.” UND Law Professor Mike McGinniss said of Lopez, “Michael is one of the most intellectually gifted writers and students of the law I have encountered in my years of law teaching. His thinking and his expressions manifest an abundance of creativity, a remarkable acuity of insight, and an overflowing love of ideas, all of which offer powerful evidence of his outstanding future in the legal profession and as a scholar. Moreover, he is a devoted student of English literature, history, and culture, making him an especially strong candidate for an exchange program focused on the study of English law. Finally, and so importantly, Michael is a deeply ethical person with an authentic passion for justice, who I had no doubt would bring great credit to the UND School of Law through his service as a Pegasus Scholar.” Lopez said while in the UK he received placements at QEB Hollis Whiteman, and 7 King’s Bench Walk, both considered “premier sets” in England. “I was hosted for lunches, coffee, and trials by the Court of Appeal for England and Wales, the Old Bailey in London, Northern Ireland’s Central Court, the Faculty of Advocates in Scotland, and Lord Hughes of the Supreme Court of the United Kingdom,” Lopez said. “In addition, I attended a stellar debate, with an equally elegant dinner (silver and candles) at Gray’s Inn, between Justices of the United States and UK on whether “the declaration of independence was an illegal document.” Now, for Lopez, it’s on to the Supreme Court and the celebration of excellence—and his next adventure in the law. by: Juan Pedraza, University & Public Affairs
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Rem em bering Judge Jim R. Carrigan 1929-2014
The UND School of Law is saddened to share the news of the passing of 1953 alumnus Jim R. Carrigan at the age 84. Carrigan, who served as United States Federal District Court Judge and Justice of the Colorado Supreme Court, died August 15, 2014, in his Boulder home surrounded by his devoted wife, Beverly and his loving family. “The loss of Jim Carrigan is deeply felt by all of us at UND School of Law,” said Dean Kathryn Rand. “He was dedicated to legal education as well as the legal profession. He gave generously of his time, talent and treasure to support our students, mostly through the Carrigan Cup Trial Competition. I will remember his warm-hearted spirit.” Carrigan was admitted to UND’s law school after three years as an undergraduate, and received both his Ph.B. and Juris Doctor degrees in 1953, having worked on both simultaneously at times. He was president of the student body of the University, a member of Phi Beta Kappa, Editor-in-Chief of the North Dakota Law Review and the Order of the Coif, graduating first in his law class. He was proud to be an alumnus of the University of North Dakota and the School of Law. In a story written about him in the Law Matters magazine in Fall/Winter 2004, Carrigan explained when someone asked him where he went to law school he proudly responded, “At a superb school in the Northeast, the University of North Dakota which is in northeastern North Dakota.” He went on to explain he frequently acknowledged that he owes every success in his professional life to the opportunities made possible by UND and to the inspiration of his wife. Carrigan received the University of North Dakota Alumni Association & Foundation’s highest honor, the Sioux Award, in October of 1974. His legacy will continue at the UND School of Law because of his generosity during his lifetime and his concern for future generations of UND’s law students. He established the Leo and Mildred Carrigan Endowment in honor of his parents as well as the Judge Jim and Beverly Carrigan Endowment to encourage high quality trial advocacy training and experience for UND law students by establishing the “Carrigan Cup” competition. When he could, Carrigan would return to campus to judge the final argument of his competition.
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Judge Myron Bright Autobiography to be Published Late 2014 Goodbye Mike, Hello Judge - My Journey for Justice is an autobiography by Judge Myron H. Bright that will be published by the Institute for Regional Studies at North Dakota State University later this year. U.S. Court of Appeals Judge Myron Bright tells his story, from his early life growing up as the son of Russian immigrants in Eveleth, Minnesota to his ascension to service as a federal judge on the U.S. Court of Appeals for the Eighth Circuit. “Here is the amazing story of a great American, a soldier, lawyer, judge and teacher, told with the wisdom of almost a century of life,” said Dennis Kelly, Bright’s first law clerk and former partner at Jones Day. “This book brings that love of our American system of justice and compassionate idealism to a broader audience.” David Wippman, Dean of the University of Minnesota Law School said, “As the longest serving member of the Eighth Circuit Court of Appeals, Judge Bright has had an extraordinary career, as distinguished as it has been long. His opinions, in cases great and small, reflect the depth of understanding, integrity, evenhandedness, and devotion to justice that characterize the best jurists. His autobiography opens a window onto a life that should be of interest to anyone who cares about the rule of law.”
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THANK YOU FRANCIS 1940 alumnus C. Francis Swanke turns 100 and continues his tradition of support. In July, C. Francis “Swing” Swanke celebrated his 100th birthday. He says life is still a matter of “continuing your curiosity and improving yourself.” His curious nature has led him to a variety of successful ventures throughout his career, from attending the University of North Dakota and receiving two degrees, serving as a proficient map reader in World War II, practicing law in Napolean, N.D., working with the General Services Administration in California, and traveling the globe. Francis is appreciative of what UND Law provided for him and wants to see that continue for our students. When asked why he continues to give to UND Law, Francis explained the law school today is not what it was during the time he attended. “We did not have a courtroom during my time and we did not have the library the law school has today,” he said. “There have been so many improvements and advancements. Attorneys can be much more competent in their areas when they graduate today, and if this is progress, then I want this progress to continue. If my funds can help continue this progress, what outstanding further momentum the law school can have in the future.” Francis is a special friend to this law school, and his generosity will influence the lives of UND Law students for generations to come. 32
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